BILL NUMBER: SB 1003	CHAPTERED  10/10/99

	CHAPTER   670
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 1, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999

INTRODUCED BY   Senator Vasconcellos

                        FEBRUARY 26, 1999

   An act to amend Section 15763 of the Welfare and Institutions
Code, and to amend Section 14 of Chapter 946 of the Statutes of 1998,
relating to adult protective services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1003, Vasconcellos.  Adult protective services program:
emergency response.
   Existing law requires each county through its emergency response
adult protective services program to respond immediately to reports
of imminent abuse or danger to an elder or dependent adult and to
respond to other reports of danger to an older or dependent adult
within 10 calendar days of the report or as soon as practicably
possible.
   This bill would provide that an immediate or 10-day in-person
response is not required when the county makes a specified
determination, and documents, that the elder or dependent adult is
not in imminent danger and that an immediate or 10-day in-person
response is not necessary.  This bill would make this provision
inoperative on January 1, 2001, and would require the State
Department of Social Services to submit a report regarding those
cases to the Legislature on or before April 1, 2001.
   This bill would revise the dates by which the department is
required to adopt certain regulations relating to elder and dependent
adult care.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 15763 of the Welfare and Institutions Code is
amended to read:
   15763.  (a) Each county shall establish an emergency response
adult protective services program that shall provide in-person
response, 24 hours per day, seven days per week, to reports of abuse
of an elder or a dependent adult, for the purpose of providing
immediate intake or intervention, or both, to new reports involving
immediate life threats and to crises in existing cases.  The program
shall include policies and procedures to accomplish all of the
following:
   (1) Provision of case management services that include
investigation of the protection issues, assessment of the person's
concerns, needs, strengths, problems, and limitations, stabilization
and linking with community services, and development of a service
plan to alleviate identified problems utilizing counseling,
monitoring, followup, and reassessment.
   (2) Provisions for emergency shelter or in-home protection to
guarantee a safe place for the elder or dependent adult to stay until
the dangers at home can be resolved.
   (3) Establishment of multidisciplinary teams to develop
interagency treatment strategies, to ensure maximum coordination with
existing community resources, to ensure maximum access on behalf of
elders and dependent adults, and to avoid duplication of efforts.
   (b) (1) A county shall respond immediately to any report of
imminent danger to an elder or dependent adult residing in other than
a long-term care facility, as defined in Section 9701 of the Welfare
and Institutions Code, or a residential facility, as defined in
Section 1502 of the Health and Safety Code.  For reports involving
persons residing in a long-term care facility or a residential care
facility, the county shall report to the local long-term care
ombudsman program.  Adult protective services staff shall consult,
coordinate, and support efforts of the ombudsman program to protect
vulnerable residents.  Except as specified in paragraph (2), the
county shall respond to all other reports of danger to an elder or
dependent adult in other than a long-term care facility or
residential care facility within 10 calendar days or as soon as
practicably possible.
   (2) An immediate or 10-day in-person response is not required when
the county, based upon an evaluation of risk determines, and
documents, that the elder or dependent adult is not in imminent
danger and that an immediate or 10-day in-person response is not
necessary to protect the health or safety of the elder or dependent
adult.
   (3) Until criteria and standards are developed to implement
paragraph (2), the county's evaluation pursuant to paragraph (2)
shall include and document all of the following:
   (A) The factors that led to the county's decision that an
in-person response was not required.
   (B) The level of risk to the elder or dependent adult, including
collateral contacts.
   (C) A review of previous referrals and other relevant information
as indicated.
   (D) The need for intervention at the time.
   (E) The need for protective services.
   (4) On or before April 1, 2001, the State Department of Social
Services shall submit a report to the Legislature regarding the
number of cases, by county, out of the total number of cases reported
to the counties, that were determined not to require an immediate or
10-day in-person response pursuant to paragraph (2), and the
disposition of those cases.
   (5) Paragraphs (2) and (3) shall become inoperative on January 1,
2001.
   (c) A county shall provide case management services to elders and
dependent adults who are determined to be in need of adult protective
services for the purpose of bringing about changes in the lives of
victims and to provide a safety net to enable victims to protect
themselves in the future.  Case management services shall include the
following, to the extent services are appropriate for the
individual:
   (1) Investigation of the protection issues, including, but not
limited to, social, medical, environmental, physical, emotional, and
developmental.
   (2) Assessment of the person's concerns and needs on whom the
report has been made and the concerns and needs of other members of
the family and household.
   (3) Analysis of problems and strengths.
   (4) Establishment of a service plan for each person on whom the
report has been made to alleviate the identified problems.
   (5) Client input and acceptance of proposed service plans.
   (6) Counseling for clients and significant others to alleviate the
identified problems and to implement the service plan.
   (7) Stabilizing and linking with community services.
   (8) Monitoring and followup.
   (9) Reassessments, as appropriate.
   (d) To the extent resources are available, each county shall
provide emergency shelter in the form of a safe haven or in-home
protection for victims.  Shelter and care appropriate to the needs of
the victim shall be provided for frail and disabled victims who are
in need of assistance with activities of daily living.
   (e) Each county shall designate an adult protective services
agency to establish and maintain multidisciplinary teams including,
but not limited to, adult protective services, law enforcement, home
health care agencies, hospitals, adult protective services staff, the
public guardian, private community service agencies, public health
agencies, and mental health agencies for the purpose of providing
interagency treatment strategies.
   (f) Each county shall provide tangible support services, to the
extent resources are available, which may include, but not be limited
to, emergency food, clothing, repair or replacement of essential
appliances, plumbing and electrical repair, blankets, linens, and
other household goods, advocacy with utility companies, and emergency
response units.
  SEC. 2.  Section 14 of Chapter 946 of the Statutes of 1998 is
amended to read:
  Sec. 14.  (a) The Director of Social Services shall adopt
regulations as necessary to implement the provisions of this act .
   (b) Notwithstanding any other provision of law, the State
Department of Social Services may implement the provisions of this
act through an all county letter or similar instructions from the
Director of Social Services until regulations are adopted.
